[El Sordo]

How’s it differ from police simply stealing from citizens under color of law?

[robertwalker62]

It isn’t.

[Star Traveler]

Well, I figure that the money goes with the person and so if the person is not arrested or convicted then the money goes back to him... but apparently the “law” is “nuts” and it’s not seen that way...

It’s crazy.

[Res Nullius]

Seized assets are only forefeited after the owner [or other party claiming an interest] has had an opportunity to appear in court and challange the forfeiture.

Criminals are prosecuted under the criminal rules of procedure wherein the burden of proof is beyond a reasonable doubt. Forfeiture occurs under the civil rules where the burden is a preponderence of the evidence, as in any other civil proceeding.

A criminal prosecution may go awry for a number of reasons - usually suppressed evidence. However, evidence suppressed in a criminal case may very well be admitted in a civil proceeding brought against the property.